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HomeMy WebLinkAbout4.1ITEM 4.1 DATE` June 6, 2013 TO: Planning Commissioner FROM: Brian Froelich, AICP, Associate Planner � �- RE: Discussion of Amendments to Setback Ordinance (Section 10-1.505 of the LAHMQ At the February 7, 2013 meeting, the Planning Commission directed staff to research the accessory, structure development standards of other similar municip s 41jqie in the region. The attached spreadsheet. provides a -summary mcomparison of seven (7) such munici�p�zalti-es—(At��clit�ic�n-t.--41�.--T 6rdinnmcdsof-thCe surveyed communities are also attached (Attachment #2). Town has, received. a letter from a resident interested in the Town's accessory structure devel o p1m ent standards (Attachment #3 - letter from Mr. Paul Jensen, 13830 C,,ampo Vista Lane). -Planning Commissioner Couperus has prepared a PowerPoint presentation to be' orated at the June 6, 2013 meeting. The electronic file will be forwarded to the Planning Commission as a.supplemental attachment. Attachment(s): 1. Accessory Structures Comparison Summary of similar municipalities 2. Accessory Structures Municipal Codes of similar municipalities 3. Letter from Mr. Paul Jensen dated June 6, 20.13 Ac�cQssory- Structures Comparison Summary Ip 16, 'z ­!:L*_��-1'1­112'�Lr�' T gy g _y�gfr M _2� AiI4 'Y 1. r H" "IJ V, 9 t!' 2t 9 ',� -- 011-111 "�_I'X_ n- - , "e, .,- " � R R t 1L C 1, St I - $ IN 25 ..Athertop:f- -.­120�sf.andless� 120sfiand,less build ingsn 120 sf and less .,601 none Artwork limited to fountain and, artwork, — - not:in!fro t yard, 10' buildings — 8,Aalh front/rea r 100 sf area :buildings over 120 sf & side and:rear yard Sides = 25% athleticcourts & pools,, Building er 120,4, s ov v,,,of%width All buildings must ktwork and fountains — sf-15'tall have 8' distance from 2�' front setback other buildings Artworklafid Buildings over 120s'f, fountain's — 11' tall pools, and athlecti� courts — 10' interio'r sdtback, 30' on side or rear that abuts street, 30' behind the primary b ilding or 120'.fro'm front property line; Cupertino Patio.Covers, PMio.-c6ver� allow d inc, 20' for all accessory- :10', none 5' setback from First floor deck, side ya rd to. 10 feet of structures ;,froilt/rear. primary building Second floor deck, rear property line 10'sides Storage'buildings, Play First floor decks — structures/Recreation setback buildings Second floor decks�— 15' 1'ij side yard, 20' rear yard Storage buildings 3' setback Play st uctures/Recreation buildings — 20' fron!t, 3' sides, 3' rear (15'from any other frontage) Planning Commission Meeting 6/6/13 . Accessory Structures Comparison Summary Planning Commission Meeting 6/6/13 MIN, C wam III Tll Los Altos Garden sheds <6'tall Garden shed Garden sheds 50' front none 5' between main and graduated height to rear accessory structures Accessory structures Pool allowed to 5' of setback ratio 2':2.5' 30' sides side and rearproperty to 12' max height Garden shed limits: Pools line (not in front yard) 6ft tall x 5ft wide x 16 Accessory ft length structures to 18' height if compliant with primary setbacks LAH All accessory structures Same setback as primary 27 ft i 40' front Minor none treated.the same. buildings: 30' ornamental 40' front sides/rear garden 30' sides/rear structures allowed in setback Monte All accessory structures Allowed in rear half of '12 ft 30' Not allowed in One accessory Sereno treated the same. lot only. front/rear front yard. building only. 20' sides 6' side yard and 10' rear yard setback Portola All accessory structures Same setback as 28 ft 50' front Entry features Accessory buildings Valley treated the�same. primary buildings: 20' sides and permitted to must be 10' from 5d'. front rear half front main building. 20' sides/rear setback Ornamental garden structures to 12'tall Planning Commission Meeting 6/6/13 Accessory Structures Comparison Summary P"m Omit- 11_--r��".I�'3-* �,onsi er Ic 111 z-11,111,11-1 'N"R _-7 A I a sm k OR 2§1-M, Saratoga Pools, Sheds min set ac 6' 6 ft tall sheds with 30' front none none recreation courts, sheds, side and rear not area no larger than 20' unenclosed structures permitted in front 250 sf with V: V sides/rear height to setback Unenclosed structures ratio up to 10' max 6' side and rear not height permitted in front 8 ft tall unenclosed Pools allowed in side structures I': V yard, not front yard, to 6 height to setback ft of rear prop line ratio to 10'max height Rec Courts must comply with side and rear prop lines allowed to 15' of rear Woodside Tennis courts, Tenn: is.courtst6 Buildings allow ed! 30'front none Accessory buildings Pools, maintain"15' side and to 17' height 25'rear limited to i,500 sf buildings rear setback 15' sides .Accessory. buildings same;asi,primary buildings Monte All accessory structures Allowed in rear half of 12 ft 30' Not allowed in One accessory Sereno treated the same. lot only. front/rear front yard. building only. 20' sides 6' side yard and 10' rear yard setback Planning Commission Meeting 6/6/13 ATTACHMENT 2 Woodside 153.049 ACCESSORY BUILDINGS AND USES. Except as otherwise provided in this chapter: (A) No accessory use shall be permitted in a district where such use is not provided for in this chapter or which accessory use effectively converts a principal use to a use not permitted in the district. (13) Detached accessory buildings and structures shall confonn with the setback, height, and coverage requirements set forth in §§ 153.050 through 153.057 governing location on the parcel, except as otherwise set forth in this chapter. (C) No accessory building or structure shall be used for human habitation, except in accordance with regulations. set forth in this chapter for accessory living quarters. The.ar-ea.of all.accessory buildings shall-, be considered in calculating building 6ov'e'rage. (E), Tmnis'courts" including fences, shall be set back at least 15 feet from the side -and rear property lines. Front setbacks shall conform to those required for the zone district. (F s Swimming pools shall conform to the'ame setback requirements as the pnricipdl'' structure within each zoning district. (G) Ac 'essory c buildings, and structures used for sheltering livestock shall conf6nn. "t6the foll6win i ,g requ�rements in addition to -conforming w th all other applicable code p-r6v*isions:- (1) Pasture or corral - ences for.m.aintaining or concentrating livestock shall conform with the location requirements of Chapter 115 of this Code. (2) Structures, other than. fences for housing, maintaining or concentrating livestock, fowl and- - small -aninials, shalt b e located -as- follows: - (a)- � Not less than 80- feet from any main dwelling existing on an adjoining lot in an SR and R- 1 District, and 100 feet from. any main dwelling in an OS, SCP and,RR District at the time such structure is erected; (b) Not less than 50 feet from any neighboring property line, when either the parcel upon which the structure is located or the adjoining parcel is in the OS, SCP or RR District; and not less thari 40 feet from any neighboring property line, when either the parcel upon which, the structure is located or the adj oinifig parcel is in the SR or R- I District; and -,:.. - -1 . . (c) Not less than 50 feet from any front property line or a property line adjoining a street. (3) Fenced enclosures, other than those included in division (1) of this division (G), for the concentration of fowl and other small animals shall not be less than 25 feet from any property line. (H) All outdoor lighting shall conform to the following regulations: (1) All outdoor lighting fixtures shall be shielded or hooded and shall not shine or glare on adjacent public or private roads or properties. (2) All outdoor lighting fixtures shall be the sharp cut-off type in order to minimize potential glare. (�) No outdoor lighting lamps which produce impacts such as those produced by high pressure sodium or mercury vapor shall be permitted. (4) Lighting patterns or illuminated areas shall be entirely contained within the boundaries of the property on which the outdoor lighting is located. (I) Outdoor lighting for commercial and institutional building and parking areas; commercial, institutional, or residential athletic or sport courts; and swimming pools and recreational facilities, including equestrian facilities, shall also conforrn to the following additional regulations: (1) The maximum height of any outdoor fixture for outdoor, accessory recreation facilities and commercial and institutional parking areas shall be 14 feet. (2) All such outdoor lighting shall be subject to the review of the Architectural and Site Review Board and the approval of the Planning Director. The Architectural and Site Review Board may recommend and the Planning Director may impose reasonable conditions on such approval, such as the installation of plant materials or the construction of screen walls or fences as may be necessary to mitigate the impact of such lighting on adjacent roads, properties, and significant vistas. (3) As a condition precedent to recommending the approval of an outdoor lighting plan to the Planning Director, the Architectural and Site Review Board shall make the following findings: (a) That the outdoor lighting will not result in a hazard or public nuisance by directly shining or glaring on adjacent public or private roads or properties; (b) That the resulting illuminated areas serve only minimum requirements for the intended use; (c) That the resulting illuminated areas have minimal impact on views from neighboring properties and from distant vistas; and (d) That the outdoor lighting is i n- conformity with all other provisions of this section. (J) Setback requirements shall be as contained in & 153.047, except as modified in division (G) of this section as to livestock and in § 153.026 of this chapter applicable to second dwelling units existing as of January 12, 1985. (K) 'fhe gross floor area of any accessory building shall not exceed 1,500 square feet, except bams and stables which may not exceed 2,500 square feet, except in the OS and SCP Districts, where barns may not exceed 3,000 square feet. (L) The maximum height of any accessory building shall be limited to one story and shall not exceed I I feet from the exterior grade to the highest ceiling plate'height and shall not exceed 17 feet from the exterior grade to the highest point on the structure, except bams and stables, which shall not exceed a maximum 24 -foot height, and covered equestrian areas, which shall not exceed a maximum 30 -foot height, measured from the,exterior grade to the highest point on the structure, and except for any structures existing on the date of passage of the amendment codified, in -this division. ('75 Code, § 9-2.204) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1986-339, effective 8-7-86; Am. Ord. 1988-363, effective 4-29-88; Am. Ord. 1991-445, effective 9-13-91; Am. Ord. 1999- 494, effective 3-25-99; Am. Ord. 2005-525, effective 5-12-05; Am. Ord. 2012-554, effective 8- 23-12) PengIly, see § 153.999 Atherton Chapter 17.40 ACCESSORY BUILDINGS AND STRUCTURES Sections: 17.40.010 Purpose. 17.40.020 Definitions. 17.40.030 Permit Requirements and Exceptions. 17.40.040 General Development Standards. .17.40.050 Development Standards for Specific Types of Accessory Buildings and Structures. I.T.40....01.0..Purp ............. . ��! I ....................... ..................... .......... ........... ­­ ........... ................... ................. .................. I—_ ................ ............. The purpose of this chapter is to permit.the construction or exterior alterations of accessory buildings and structures subject to regulations necessary to prevent unreasonable interference with views, light, and air, an unreasonable invasion of privacy, or adverse impacts upon the aesthetic character of neighboring residential structures. This chapter establishes a set of criteria, objectives, and procedures to be followed -with respect to the review of any proposed accessory structure, or addition or alteration thereto, and to assure that the new development occurs in a manner that is consistent with the objectives of this chapter. (Ord. 882 § 1 (Exh. A) (part), 2009) 17.40.020 Definitions. Terms that are relevant to this -chapter are defined in chapter 17.60 (Definitions). (Ord. 582 § 1 (Exh. A) (part), 2009) 17.40.030 Permit Requirements and Exceptions. .................... .......... ............................... �­ ......................................................................... ...................................................... ................................................. ..................................... . ............................ Unless otherwise provided below, all accessory buildings and structures shall require zoning clearance at the time of building permit review or prior to development/installation to ensure compliance with the applicable regulations of this chapter. A. Special Structure Permit Required. The following specific structures shall require the issuance of a special structure permit from the designated approval authority (planning commission as described in Table 17.06.070- 1) prior to developmeintlinstallation: 1. Athletic courts that are located outside the required setback area (see section 17.40.050(A)). All inflatable covers (see section 17.40.050(G)). 3. Roof -mounted antenna taller than the height limit of the structure to which it is attached. The antenna must be capable. of being retracted to a height less than that allowed for the type of building on which it is mounted when it is not in use. 4. Satellite dishes larger than one meter in any dimension, either ground- or building -mounted. Note, the designated approval authority (planning commission as described in Table 17.06.070- 1) shall not have the discretion to deny such permit, but shall review each application for conformity to the requirements of this chapter. 5. Arbors and trellises larger than specified in section 17.46.050(B)'(Development Standards for Specific Types of Accessory Structures). 6. A pool or spa, exclusive of equipment, when located outside of the area generally allowed, described in section 17.40.040 (General Development Standards) and figure 17.40.040-1 (General Setback Standards for Accessory Buildings and Structures for Interior Lots). See also section 17.40.050(E). B. Exempt Accessory Buildings and Structures. No zoning clearance or special structure permit is required for the following buildings and structures. . 1. Accessory buildings with a floor area that is less than one hundred twenty square feet in size with no portion of the structure more than eight feet in height with.the following conditions: a. Structures shall not be located in a required front yard except as otherwise provided. b. In order to maintain necessary fire breaks, accessory buildings shall be set back a minimum of ten feet from side and rear property lines with a minimum eight -foot separation from the main building. 2. Bridges and walkways over private ponds, creeks, and other features, when located on private property. 3. Mailboxes, flagpoles, outside lighting on poles not over three feet tall,. and benches to be used for seating. 4. Driveways, walkways, patios, and other flat wood, concrete, or asphalt work or other similar materials not over six inches above grade. 5. A well, located less than six inches above grade, exclusive of tanks, controls, separator discharge plumbing, or other equipment located outside of the well casing, may be constructed in required side or front yards. In no event shall a well be closer than ten feet to any property line. 6. Seat walls not over twenty-four inches in height. 7. Antennas maintained by the town in connection with public safety activities. 8. Satellite dishes measuring not more than one meter in any dimension when attached to a building or placed on the ground and located within the buildable area for a main building or accessory building -or structure. 9. Arbors and trellises, consistent with the standards of section 17.40.050(B). 10. Driveways that also function as basketball courts. 11. Bird baths or pedestals with a shallow basin filled with water for birds to- bathe in and drink from. 12. Air conditioners and emergency generators located within the buildable area of the lot and enclosed or otherwise screened to mitigate noise and comply with the town noise ordinance. The location of the equipment shall not impact existing trees. Equipment may be located next to existing buildings consistent with building code requirements. May be located underground when the size is limited to the minimum area needed for the equipment and access -and working space, but may not exceed six inches above grade. 13. Fountains andartwork not over six feet in height. 14..Solar facilities are exempt from the minimum ten -foot side yard setback requirement unless the building official has determined that the placement therein will have a specific, adverse impact upon the public health or safety, as defined in State law. (Ord. 582 § 1 (Exh. A) (part), 2009) 17.40.040 General Development Standards. ............................... .......................................... .................. I ..................................................................................................................... �..; ............................................................... .............. I .......... ............ The following development standards/provisions apply to all accessory buildings and structures: A. Location and'Required Setbacks. Accessory buildings and structures may be located within required yard areas in compliance with the development standards in Table 17.40.040-1 (General Minimum Setback Standards for Accessory Buildings and Structures). Figure 17.40.040-1 (General Setback Standards for Accessory Buildings and Structures for Interior Lots) illustrates where accessory buildings and structures are generally allowed. Table 17.40.040-1 General Minimum Setback Standards for Accessory Buildings and Structures Location Setback Front 120 ft., or 30 ft. behind front line of main structure, whichever is less 1.2 Side, interior 10 ft. Side, street side See Table 17.38.010 Rear 10 ft. Rear, abutting 30 ft.3.4 street Between 8 ft.5 structures and buildings I Notes: 1. See special front yard location and setback standards for athletic courts (section 17.40.050(A)), arbors and trellises (section 17.40.050(B)), and artwork and fountains (section 17.40.050(H)). 2. On flag . lots, the front setback for accessory buildings and structures shall be consistent with the front yard setback of the main residence upon issuance of a special structure permit. 3. For structures that are less than three feet in height, the minimum setback shall be ten feet. 4. When the rear property line abuts the town boundary, the minimum setback shall be ten feet. 5. Stables shall not be located within forty feet of any building intended or used for human habitation on the same lot, shall not be located within forty feet of any property line, and shall not be located within eighty feet of any building intended or used for human habitation on an adjoining lot. I Figure 17.40.040-1 General Setback Standards for Accessory Buildings and Structures for. Interior- Lots Neighboring 10 feet Property 10 feet 1-1 (R&r) I i io feet Ptelghwring' Vain 6011din4 Onterlo'r-Side) Pr6porty I -N3 120 feet or 30 feet behind front lifte.of main building, whicheverls,16st Restricted area for:limlted accesso ' rystructures (See. siection 17A0.650 for ac . cessory structures -allowed I.h fioayar.d area) Public $.�O Neighboring . Property tInteTl;ffr'-Sld'O) Froiit Line of Main Building B. Height. Unless otherwise specified, the maximum height for all accessory buildings and structures is fifteen feet or one story. Vertical sidewalls or columns shall not exceed eleven feet. No other use of structure shall be located above the first story (i.e., no roof decks, spas, etc.). See chapter 17.42, Building Height and Measurement. 1. Exception for vertical projections. Vertical architectural projections on accessory buildings and structures (e.g., cupolas, spires, towers) may exceed the maximum height by up to two feet, up to a maximum of seventeen feet; provided, that the footprint of the projection is not more than ten percent of thetotal footprint of the building.. Such projections shall be a minimum of twenty feet from rear and side property lines. C. Lot Requirements. Unless otherwise identified for specific types of structures or buildings, all accessory buildings and structures shall be constructed only in conjunction with or subsequent to the construction of a main building. An accessory structure or building may be located on a lot without a main building only if all of the following conditions exist: 1. The lot containing the accessory buildings or structure is located adjacent to a lot containing a main building; 2. Both such lots are owned by the same property owner; and 3. An agreement between. the town and the property owner has been executed and recorded that provides that in the event common ownership of the two lots ceases then the accessory building or structure will be removed 'or made to conform to all other provisions of this title. D. Kitchens. One kitchen may be within'an approved ac* cessory building or structure. E. Bathrooms. There shall be no limitation on the number. of bathrooms allowed in an accessory building - F. Connecting Accessory Buildings and Structures. Accessory buildings and structures shall be detached from the main building and other accessory buildings and structures,. except that: 1. An accessory building or structure may be connected to another accessory structure/building or a main building by way of a breezeway or covered walkway when the walkway is open on all sides except where connected to the structures.. Examples include, but are not limited to, covered walkways connecting the primary dwelling to a detached garage or secondary dwelling. Structures must be located a min imurn of eight feet from the main buildin g. The covered walkway may have a maximum width of eight feet and the length of the walk must be a minimum of two feet longer than the width. 2. A garage shall be considered a part of the main building when it is attached and made an integral part of the dwelling and has at least one common wall of least seven feet in length. G. Floor Area Ratio Calculation. Accessory buildings and structures shall count towards the allowed -floor area ratio of the underlying zoning district as identified in section 17.32.040 (Development Standards for Residential an— __ - d__A -tr ct R-1 stin—CM 1AY d section—I 7.-S3--0-40E-(D-ev—elbp—me—nt-Sta—nd-dr—ds—fo—r Re—si en i-al-Dis ri except that floor area ratio shall exclude the following: I. Roofed areas open on two or more sides not exceeding five percent of the maximum allowed floor arealor the lot. plus five hundred square feet (e.g., awning, patio cover, covered walk); and 2. Structures, open onall sides, with substantially open roofs (e.g., trellis), that meet the following criteria: a. No more than one side of the structure is attached to the main building and no more than one side of the structureis enclosed by small structural features (e.g., outdoor kitchens/barbeques,'fire pits/fireplaces, cabinets);:provided, that on the side with the structural feature at least fifty percent of the side is still open (see figure 17.40.040�2 (Attached Trellis Exempt from Floor Area Requirement)); or b. No more than two sides shall be partially enclosed with small structural features (e.g., outdoor kitchens/barbeques, fire pits/ fireplaces, cabinets); provided, that at least fifty percent of both sides is still open and the other two sides are completely open. Figure .17.40.040-2 Attached- Trellis Exempt from -Floor Area Requirement H. Windows. Accessory buildings and structures may include windows and/or skylights, except that no window openings that face the side or rear property line sK�611 be located over nine feet above the ground level. 1. Lighting. All lighting on accessory buildings and structures that are located outside of the main building area shall be shielded or downlit and shall not shine onto adjoining properties. J. Temporary Habitation. Temporary habitation of an accessory building or structure is permitted for a period of no more than thirty days in any calendar year (consecutive or intermittent). Temporary habitation of an accessory building for more than thirty days may be permitted upon issuance of a Conditional Use Permit when the main building is vacant for remodeling or other similar purposes. (Ord. 582 § 1 (Exh. A) (part), 2009) 17.40.050 Development Standards for Specific Types of Accessory Buildings and Structures. In addition to the development standards of section 17.40.040 (General Development Standards), the following accessory buildings and structures have special standards and regulations: A. Athletic Courts. Any athletic court shall be considered an accessory structure and may be located in areas permissible for accessory buildings and structures. Athletic courts may also be located on other portions of the lot, where accessory buildings and structures are normally prohibited, only upon issuance of a special structure permit; however, in no event shall an athletic court be closer to any side or rear property line than specified in Table 17.40.040-1 or closer to the front property line than the minimum front yard setback line of the main dwelling. Any athletic court shall be constructed or erected in accordance with the following s . tandards: 1. No enclosure or partial enclosure for an athletic court shall be permitted within ten feet of any side or rear property line or closer to the front property line than the front setback line. 2. No enclosure or partial enclosure of an athletic court shall be permitted to exceed nine feet in height from finished grade with the exception of a basketball backboard which is a part of the enclosure. 3. Nets (with the exception of basketball goal nets) which exceed nine feet in height from finished grade shall be removed or lowered to less than nine feet in height when not in use. 4. A structure which is used as a practice board or court wall shall be constructed of a minimum six -inch -thick masonry material unless located a minimum sixty feet from any property line. 5. No artificial lighting shall be constructed to illuminate an athletic court. 6. No lighting system or light elsewhere on the property (e.g., landscape lighting, porch lighting) shall be used to illuminate an athletic court. B. Arbors and Trellises. Arbors, trellises, and pergolas are subject to the same development standards as other accessory structures listed in section 17.40.040 (General Development Standards). This includes adhering to the minimum setback standards and the maximum structure height of fifteen feet and maximum sidewall height of eleven feet (e.g., columns and posts. are allowed to a maximum of eleven feet and pitched roofs are allowed to a maximum of fifteen feet). However, arbors, trellises, pergolas, and other such structures may be constructed without regard to the setback requirements if conforming to all of the following: 1. One or more such structures may be built in front of the required accessory structure front setback; provided, that such structures shall not exceed twelve feet in height, eight feet in width, nor a total for all such structures of eight feet in length (see figure 17.40.050-1, Setback Standards for Arbors and Trellises for Interior Lots); 2. Is not located closer than ten feet to any property line other than a public right-of-way (see figure 17.40.050-1, Setback Standards for Arbors and Trellises for Interior Lots); 3. Is substantially opento-the passage of light and air in all aspects; 4. Is located outside of the clear visibility area; and 5. Is expressly for the purpose of and used for supporting vines, roses, or other vegetation (except trees and/or tree limbs). 6. Lighting shall be shielded or downlit so the source of the light is not visible from other properties. Figure 17.40.050-1 Setback Standards for Arbors and Trellises for Interior Lots 10 10 fe4O = NeIghboting Propetty (Intprior Side) Front Yard Setbaa, - — 120 reet or 30 feat b4ehfnd front lineof main building,, whichever Ii less N�Mghboring Propeftl/ PubIlOtrek NeighboOng Propelty (interior Side) Front Lino of Wn BoRding C. Roof -Mounted Antennas. Roof -mounted antennas are only permitted when the boom and any active elements of the antenna array are not more than fifteen feet in length and meet the following conditions: 1. That the antenna be attached to a structure that conforms to this zoning code or to a conforming portion of a nonconforming structure. 2. That it be located so it is shielded insofar as practicable by the structure or landscaping from the view of adjacent property and any public street, park, facility, or right-of-way. 3. That it not exceed the height limit applicable to the structure to which it is attached, with the exception that if a special structures permit is granted so providing, an antenna with the capability of being retracted to a height less than that allowed for the type of building on which it is mounted may.exceed the height limit during the actual use for transmitting and receiving. 4. Each antenna shall be constructed of low -visibility materials and shall be finished with a low - visibility, nonglare paint or other finish, consistent with its location and surroundings. 5. Roof -mounted amateur radio antennas provide an essential telecommunication service during periods of disaster and other emergency conditions and are therefore exempt from the provisions of this chapter when in compliance with the following standards: a. The antenna is forty-five feet or less in height as measured.from the ground.to the highest point of the antenna, unless the tower is equipped with a lowering device (motorized or mechanical) capable of lowering the antenna to the.. maximum permitted height when not in operation, in which case the antenna must be not more than seventy- five feet in height. b. The operator registers their amateur radio antenna, including type of antenna (e.g., fixed or retractable) and height, with the town'. c. Consistent with federal law, additional height may be permitted through issuance of a special structures permit, provided the approval authority makes a specific finding that the requested height for the amateur radio antenna is needed to enable communication between antennas. D. Ground -Mounted Antennas. A ground -mounted antenna is only permitted when the following conditions are met: 1. That the antenna be located in the rear yard. 2. That it meets all requirements of this chapter for accessory buildings and structures. 3. That it be screened by fences, buildings, or landscaping from the view of adjacent property and any public street, park, facility, or right-of-way. 4. That it have an antenna height of not more than fifteen feet. 5. Each antenna shall be constructed of low -visibility mat e -rials and shall be finished with a low - visibility, nong lare paint or other finish, consistent with its location and surroundings. 6. Ground -mounted amateur radio antennas provide an essential telecommunication service during periods of disaster and other emergency conditions and are therefore exempt from- the provisions of this chapter when in compliance with the.following standards: a. The antenna is not more than forty-five feet in height as measured from the ground to the top of the antenna, unless the tower is equipped with a lowering device (motorized or mechanical) capable of lowering the antenna to the maximum permitted height when not in operation, in which case the antenna must be not more than seventy7five feet in height. b. All antenna structures are set back a minimum distance of ten feet from interior property lines. c. All antennas are located within an enclosed fenced area or have a minimum five-foot tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight feet. d. The operator registers their amateur radio antenna, including type of antenna (e.g., fixed or retractable) and height, with the town. e. Consistent with federal law, additional height may be permitted through issuance of a special structures permit, provided the approval authority makes a specific finding that the reque sted height for the amateur radio antenna is needed to enable communication between antennas. E. Pools and Spas. A pool or spa shall be located within the area generally allowed, identified in Table 17.40.040-1 (General Minimum Setback Standards for Accessory Buildings and Structures) and figure 17.40.040-1 (General Setback Standards for Accessory Bu ildings and Structures for Interior Lots). However, upon issuance of a special structure permit, a pool or spa may be located up to ten feet from side and rear property lines and between the front yard setback line and the front line of the main structure. F. Pool Equipment Operation. No pumping, filter,'or similar equipment shall be operated between the hours of eight p.m. and eight a.m., and all permits for the erection of pumping, filter, or other similar equipment shall include the installation of an automatic timing device adjusted to ensure such hours of operation. G. Inflatable Covers. - 1. Screening. Inflatable covers shall be screened from public view or view from other properties. 2. Height. No inflatable cover shall exceed nine feet in height as measured from the ground. 3. The designated approval authority (the planning commission as described in Table 17.06.070-1), in approving the special structures permit, may establish time limits on the permit and other conditions as deemed appropriate by the approval authority. 4. Existing inflatable covers in use at the time of adoption of this title shall be existing nonconforming structures and may continue to be used; provided, that they are maintained in the same location and under the same ownership. (Code Effective: November 20, 2009). H. Artwork and Fountains. Consistent with the setback requirements of Table 17.40.040-1 (General Minimum Setback Standards -for Accessory Buildings and Structures), artwork and fountains are permitted in the following lot areas, consistent with specified development standards: 1. Front Yards. Artwork and fountains may be located in required front yard areas provided they are set back twenty feet from the front property line, are no taller than eleven feet in height, and are not more than one hundred twenty square feet in total area (see figure 17.40.050-2 (Setbacks for Artwork and Fountains)). 2. All Other Areas. Artwork may be located in side and rear yard areas provided they are set back from property lines consistent with Table 17.40.040-1 (General Minimum Setback Standards for Accessory Buildings and Structures) and are no taller than eleven feet in height (see figure 17.40.050-2 (Setbacks for Artwork and Fountains)). Figure 17.40.060-2 10 fe Naighborini, Property (In teflor Sid( FrontYard Setback: 120 feet or 30 feet behind front Vine of mal whichever is less Setbacks for Artwork -and Fountains Neighbortryg Property Publk Street iighbo.tin-g- Property! tedor Side) —Front Lino of ' Main Building 20 feet 1. Solar facilities other than pumps for water heaters not exceeding six feet in height are exempt from the minimum ten -foot side yard requirement. (Ord. 582 § 1 (Exh. A) (part), 2009) Cupertino Q 19.100.010 Applicability of Regulations. The regulations established by this chapter shall be applicable in each district established by this title. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) Q 19.100.020 Accessory Uses and Facilities. A. Accessory uses and facilities shall be permitted in any district where incidental to and associated with a permitted use and authorized conditional use therein, subject to the provisions of the section. B. Accessory uses and facilities: I . Shall be subordinate to the primary activity of the principal use or principal facility, respectively; 2. Shall contribute to the comfort, convenience, efficiency or necessity of the occupants, or the activities of a principal use, or the function of a principal structure; 3. Shall be located on the same site as the principal use or structure served.' C. Accessory uses and facilities include, but are not limited to, the following list of examples, provided that each accessory use or facility shall comply with all provisions of this title: f I . Residential garages, and parking facilities, together with access and circulation elements necessary thereto; 2. Customer, visitor and employee parking facilities, and off-street loading facilities, together with access and related elements necessary thereto; 3. Facilities for storage incidental to a principal use; 4. Recreational uses and facilities for the use and convenience of occupants or employees, or guests thereof, of a principal use or facility; 5. Newsstands, gift shops, drugstores, and eating and drinking facilities, or similar services intended solely for the convenience of occupants or employees, or guests thereof, of a principal use or facility; 6. Building management offices, whenlocated within the principal facility and limited to the hianagement thereof; 7. Refreshment and service facilities in parks, playgrounds, and in permitted public or private recreation facilities or schools; . 8. The operation of service facilities and.equipment in connection with schools hospitals and similar institutions or uses, when located on the site of theprincipal use. D. No use or facility permitted as an accessory use or facility pursuant to this chapter shall be construed to be permitted as a principal use or facility unless specifically authorized as - permitted or conditional use in the district in which it shall be located. Operation, occupancy and continuance of allowable accessory uses and facilities shall be conditioned upon continued occupancy or use of the principal use or facility being served. (Ord. 2085, § 2 (part), 20.11; Ord. 1601, Exh. A (part), 1992) 19.100.030 Site Development Regulations. A. G6neralRegu*lation-s. Except as otherwise provided in this secti6n� accessory buildings shall at all times be located in conformance with requirements for principal buildings,and shall not be located, in any required front, sides, or rear yard setback area. B. Residential and Agricultural Zones. In residential and agricultural zoning districts, accessory buildings and structures may be located in a required interior yard, subject to the restfictiohs in Table 19.100.030. Table 19.100.030: Site Development Regulations 1. Accessory buildings and structures (including decks and patios) which are attached to principal dwellings a. Ground level paving, landscape features, and Excluded from Ecoverage regulations open recreational facilities b. Attached accessory buildings/structures Must meet all site development regulations, including setbacks, height and M coverage regulations applicable to principal dwellings in the applicable zone. C. Attachment to principal dwelling Must be structurally integrated with the I - - . principal dwelling. d. Unenctosed Patio Covers Setback from rear property line = 10 feet e. Attached Recreational Structures with a Setback from any property line = 10 feet floor or a step height greater than 18 inches above any point of the adioining finished 9. grade First -floor decks and patios, other than described in (e) above Second.story decks and patios Setback from any property line 3 feet As set forth in each of the individual chapters.If not identified in that zoning ordinance:Minimum side yard setback = 15 feetMinimum rear yard setback = 20 feetEncroachment into required front yard setback = 3 feet maximum 2. Detached Accessory Buildings/ Structures in R-1, RHS, A, A-1 and R-2 Zoning a. lInR-1,RHS,.AandA-1 zones: Area of Accessory Buildings/Structures, not including garage space ii. Basements in Accessory Limited to the gross building area: as per Section 19.112.030(A) Shall count as floor area. iii Baserript - ligh lls in Accessory --l-Shdll conf6rm to. Section 19-.28.070 Buildings/Structures. iv. Accessory Buildings/Structures with living Shall conform to Chapter 19.112 space b. Maximum Z coverage 30% of the useable rear yard area C. Minimum setback from principal dwelling 5 feet (measured between the eaves) d. I Minimum Setback (except for detached recreational buildings/structures in 20)) i. Front 20 feet in residential zones30 feet in agricultural zones ii. Rear 3 feet iii. I Side Interior side - 3 feetStreet side on comer 15 feetStreet side on comer Z adjacent to key E -'-20 feet Table 19.100.030: Site Development Regulations (Cont.) 2. Detached Accessory Buildings/ Structures in R-1, RHS, A, A-1 and R-2 Zoning Districts (Cont.) e. For interior E abutting only one street, in No detached accessory building or structure, R-2 and R-3 zones except a detached garage, may occupy the front 50% of the 9 area. f. I Small, portable storage buildings less than 6 11. Setback from principal dwelling unit (Ord. 2085, § 2 (part), 2011) Q Appendix A: Detached Accessory Buildings and Structures Example. permanent foundation -or pad 2. Setback from any property line must be at least three feet. - g. Maximum Height 20 feet (limited to one story) h. Maximum Wall Plane Height 1. Shall not exceed seven feet beginning at a three foot setback from rear or side property lines. 2. The wall plane height may be increased by one foot for each addi ' tional one and one- half feet of setback (6orresponding to a thirty -three -degree angle), up to a maximum wall plane height of fifteen feet, as depicted in the diagram attached to. the ordinance codified in this title. i. Walls less than five Peet from a property line I . May have windows if they have obscured glass or have a sill height above five feet from the floor. 2. This does not apply to skylights or windows which face- a: rightmof-way or a non-residential zoning district. j . Detached recreational buildings/structures Setback from any property line = 10 feet with a floor or step height greater than other than affixed play structures in 2(k) eighteen inches above any point at the below. adjoining finished grade k. Affixed play structures, such as a swing or Allowed in setback area defined in 20) climbing apparatus above provided that: 1 . Setback from any property line = 3 feet, and 2. If it does not comply with the requirements of Sections 19.100.030(B)(2)(h) and (2)0) above, shall meet one of the two conditions below:. i. It is adjacent to the front. or street side property line of a comer X or ii. If the structure exceeds the requirements relative to a property line other than, the front or street side property line of a comer E, the immediately adjacent property owner agrees to the location prior 1 -to construction. (Ord. 2085, § 2 (part), 2011) Q Appendix A: Detached Accessory Buildings and Structures Example. Appendix- A: 'Detached Accessory Buildings and Stnictures- Example We WIT HUGHT SETSACK 70 3.V v 4.51 7.5' IV 9.-0, 12! 10-51 13' 120, 14! W2 15' 1-5.0, , , Los Altos 14.12.120 - Accessory structures, outdoor barbeques and swimming pools (R1- 40).& A. 191 Accessory structures that are no more than six feet in height Imay be located in interior and exterior side and rear yard setbacks subject to the following provisions: 2. 3. 4. The maximum width of the accessory structure shall be five feet. The maximum length of the accessory structure shall be sixteen (16) feet. The accessory structure shall be screened from off-site view with solid fending Which -is hot lower in height than the accessory structure and which is dorittrubt6d1h c6hf6rrh9nce With -then pt6visibb 9 ofLCh_p_ of this title. In no case shall there be less than a five-foot clearance between either the accessory structure and the main structure or the accessory structure and the property line. Accessory structures that are more than six feet in height may be located in the requiredrear yard setback area or in the main structure's building envelope, subject to the following provisions: 1 Accessory structures shall have a minimum setback of two and one-half feet from the side property line and a minimum setback from the rear property line as follows: i. iv. Two and one-half feet when the structure is under eight feet in height; Five feet when the structure is between eight and ten (10) feet in height; Seven and one-half feet when the structure is between ten (10) and twelve (12) feet in height; and Two and one-half feet when the rear property line abuts an alley. C. A E. 2. 3. 4. 5. A No portion of any accessory structure shall project above -a daylight plane, beginning at a height of six feet at the side property line and increasing at a slope of four feet foreach ten.(1 0) feet of distance from the side.property line to a distance of ten (10) feet from the side property line. The'maximu m allowable height for accessory structures shall be twelve (12) feet. The maximum allowable size for each accessory structure located in the required rear yard setback area shall be eight hundred (800) square feet of gross floor area. Notwithstanding the provisions of Section 14.66.220 of this title, no portion of an accessory structure, including but not limited to roof eaves, chimneys and vents, shall project into any required setback or daylight,plane as outlined in this -subsection B. The architectural and site review committee may approve an accessory structure located entirely within the main structure's building envelope to extend up to eighteen (18) feet in height if the committee finds and determines that the additional. height is necessary in order to establish architectural compatibility with the main structure. Outdoor barbeques, fireplaces, sinks and similar structures located within the required rear yard setback shall be set back a minimum of five feet from any property line. Saidstructures shall not be located in the required front or side yard setback areas. Swimming pools, hot tubs, and spas located within the required rear yard setback shall be set back a minimum of five feet from any property line. Said structures shall not be located in the required front or side yard setback area. Accessory- structures containing swimming pool motors and equipment shall not be located in a required interior side yard setback area. (Ord. 08-329 § 2 (part): Ord. 05-285 § 5 (part): Ord. 04-267 § 5 (part)) (Ord. No. 10-348, § 2, 4-13-2010; Ord. No. 2012-375, § 3, 1-24-2012) Monte Sereno 10.05.010 -Zoning district designations.0— The several districts hereby established and into which the City is divided are designated as follows: R 1-44 Residential District, 43,56.0 sq. ft. or more. R 1-20 Residential District, 20,000 sq. ft. lot size or more. R 1-8 Residential District, 8,000 sq. ft. lot size or more. Cluster development may be conditionally permitted in all R 1-8 Residential Districts in accordance with -Section 10.05.050 of this Chapter. 10.05.0 20 - "R-1-44' . ' R . esidential District.e? R-1-44 Residential District: A. Uses permitted by right. The following uses are permitted in R-1-44 Districts: 1 2. 3. 4. -3 A One (1) single-family dwellin g per lot. Only one (1) accessory buildings in addition to dwelling. Horticulture. One (1) small animal consisting of rabbits or poultry for each three thousand (3,000) square feet of land excluding guinea fowl, pea fowl, crowing roosters, or quacking ducks. A maximum of twelve (12) such permitted animals may be kept on each lot. All animals shall be penned or kept in a corral on the re ar one-half of the property. A maximum of four (4).dogs and/or cats (not to exceed 4 (4) animals) over four (4) months of age provided they are not kept for sale or resale nor for commercial breeding, boarding or veterinary care. Home occupation. 7. AI 91 a Renting of rooms and/or providing of table board to not more.than two (2) persons as long as no kitchen facilities, other than those of the single kitchen of the main dwelling are installed or used. Storage of one trailer coach less than forty (40) feet in length, provided, that said trailer coach, as defined in the Vehicle Code, is n ot used for dwell ing purposes and is stored in the side ya rd or rear yard only, and further provided that said trailer coach is not of such 1 size or weight as to require a special endorsement for size or weight on the driver's license. Residential care homes, supportive housing and transitional housing. Uses permitted subject to securing a use permit. The following uses may be permitted in R-1-44 Districts subject to the securing of a use,permit in each case as provided in this Chapter: I . Public schools. 2. Churches. 3. Community centers. 4. Public recreation facilities. 5. a Noncommercial swimming and tennis clubs. Horses, cows, llamas, but not to exceed a total of two (2) per acre, and which shall be penned or kept in a corral on the rear one-half of the property. 7. . A One (1) private stable for not more than the permitted number of domestic animals, provided that the stable is not used for rental or other commercial purposes. Two (2) medium size animals consisting of sheep or goats (but excluding swine or adult unneutered male goats) for each twenty thousand (20,000) square feet of land, and one (1) more medium size animal for each additional ten thousand (10,000) square feet of land. C. a Provided, however, the total.number of medium size animals on any parcel of -land shall not exceed four (4),.and they shall� be. penned or kept in a corral on the rear one-half of the property. One (1) litter produced by the medium size animals during each calendar year may be kept on the property for which the use permit was issued for not more than a total of four (4) months, provided they are not kept for sale or resale nor for commercial breeding, boarding, nor veterinary care. At the expiration of four (4) months, the animals in the litter shall be considered to be adult animals and subject to the limitation as to the number of animals which may be kept on the property set forth herein. Any accessory building exceeding one (1) per lot. Development standards. The following development, standards shall apply in R- 1-44 Districts. 1. 2. 3. Minimum lot area — The minimum lot area shall be forty-three thousand five hundred sixty (43,560) square feet or the minimum as required by the slope density formula as set forth in the Subdivision Title of this Code. Front yard — The minimum front yard shall be as follows: a. 13 Single -story building — thirty (30) feet. Second -story portion of building — forty-five (45) feet. Detached accessory buildings are not allowed in the front yard. Side yard — The minimum side yard shall be as follows: a. .3 C. Single -story building — twenty (20) feet. Second -story portion of building — forty (40) feet. Accessory building — six (6) feet, but must be located only upon the rear one-half of the lot. 4. Rear yard — The minimum rear yard shall be as follows: a. 4.2. 5. A Single -story building — thirty (30) feet. Second -story portion of building — forty (40) feet. Accessory building — ten (10) feet. Each of the minimum front, side, and rear yards shall be increased by five (5) feet for each twenty-one thousand seven hundred eighty (21,780) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district, but does not exceed maximum area of two (2) acres. The waterline of a spa, tub, and/or swimming pool, or any structure related thereto, located in the ground, or any portion of which is in the ground shall be located not less than twelve (12) feet from any property line and not less than eight (8) feet from any structure. Any spa, tub, or swimming pool which is located entirely above ground shall be located not less thantwelve (12) feet from any property line. Maximum building height. a. The maximum building height shall be as follows: (1) Single -story building —fourteen (14) feet. (2) (3) Second -story portion of building — twenty-one (21) feet. Accessory building — twelve (12) feet. The maximum height of a building may be increased by an additional one (1) foot for each two (2) feet that portion of the structure is further distanced from the minimum applicable setback; provided, however, at no time shall the maximum height exceed the following: a. 7. 91 a Twenty-one (21) feet for any single -story structure, or single - story portion of a -two 2) story building or any detached accessory building. b. Thirty (30) feet for any two (2) story structure. C. The height of any building shall not exceed two (2) stories. Detached structures shall not exceed one (1) story. d. .The overall plate height shall not exceed twenty (20) feet for any structure. Maximum building size — The maximum size of a main building including required covered parking shall be as follows: a. M C. 51 Single -story building — six thousand six hundred (6,600) square feet. Two (2) story building — six thousand (6,000) square feet. Accessory building — one thousand (1,000) square feet. The maximum size of any primary residence may be increased by 0.075 square feet for each one (1) square foot contained in the parcel of property in excess ofthe required forty-four thousand (44,000) square feet. Off-street parking. Off-street parking shall be provided as follows: Lot with on -street parking: two (2) covered and two (2) uncovered parking spaces. Lot without on -street parking: two (2) covered and five (5) uncovered parking spaces. Maximum structural coverage — The maximum structural coverage allowed on a parcel of property (expressed in a percentage of the ar ea of the parcel or lot), is as follows: a. Single -story building — twenty percent (20%). 10. 11. 03 C. Two (2) story building � twenty percent (20%). The structural coverage allowed for detached buildings is. included in the structural coverage allowed for a single -story or two (2) story building, as the case may be. Notwithstanding subsections (9)(a) through (c) of this Section, the allowed structural coverage shall be decreased by two percent (2%) for each twenty-one thousand seven hundred eighty (21,780) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district; provided, however, the percentage shall not be reduced below twelve percent ( 12%) or twenty thousand (20,000) square feet, whichever is less. Maximum impervious coverage. The maximum impervious coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot), is as follows: a. .3 C. Single -story building — thirty percent (30%). Two (2) story building — thirty percent (30%). Notwithstanding subsections (10)(a) and (b) above, the allowed impervious coverage shall be decreased by two percent (2%) for each twenty-one thousand seven hundred eighty (21,780) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district; provided, however the percentage shall not be reduced below twelve percent (12%) or thirty thousand (30jOOO) square feet, whichever is less. Impervious coverage shall be decreased by two percent (2%) for each five percent (5%) of slope that the parcel exceeds a ten percent (10%) average slope. Each parcel of property or lot, as the case may be, having either more or less lot area than the rn inimum required in this residential zoning district shall comply with all of the regulations of the residential zoning district whose minimum lot area requirement is closest to the actual lot area of the particular parcel of property or lot. (Ord. 134 §§ 2, 3, 2002; Ord. 124 §§ 4, 5, 2000; Ord. 114 §§ 1, 2, 1999) (Ord. No. NS -181, § 4, 6-19-2012) 10.05.030 - "R-1-20" Residential District. R-1-20 Residential District. A. Uses permitted by right. The following uses are permitted in R-1-20 Districts: 1 2. 3. 4. .1 A 7; 91 a Single one -family dwelling per lot. Only one (1) accessory buildings in addition to dwelling. Horticulture. One (1) small animal consisting of rabbits or poultry for each three thousand (3,000) square feet of land, excluding guinea fowl, pea fowl, crowing roosters or quacking ducks. A total of twelve (12) such permitted animals may be kept on each lot. All animals shall be penned or kept in a corral on the rear -one-half of the property. A maximum of four (4) dogs and/or cats (not to exceed four (4) animals) over four (4) months of age, provided they are not kept for sale or resale nor commercial breeding, boarding or veterinary care. Home occupations. Renting of rooms and/or the providing of table board to not more than two (2) persons so long as no� kitchen facilities, other than those of the single kitchen of the main dwelling are installed or used. Storage of one (1) trailer coach less than fo rty (40) feet in length; provided, that said trailer coach is not used for dwelling purposes and is stored in the side yard or rear yard only; and further provided, that said trailer coach is not of such size or weight as to require a special endorsement for size or weight on the driver's license. Residential care homes, supportive housing and transitional housing. Portola Valley 18.42.010 -Yard, height and coverage requirements. Except as provided in Section 18.42.030, detached ctures shall conform with the !WJy. stru yard, height, and coverage requirements set forth in C hapters 18.42 and 18.48 through -1 8.60 (Ord. 1967-80 § 1 (6207.1), 1967) 18.42.016 - Entryway featuresAk Entryway features are subject to the following limitations: A. .1 C. :91 In residential zoning districts requiring a parcel area of one acre or more, entryway features consisting of, but not limited to, pillars, posts, gatesand appurtenances thereto, including lighting, but excepting rnail boxes, shall be set back from the road right-of-way a distance equal to at least one-half of the required front yard. Free-standing mail boxes are permitted on private property provided they are of a U.S. government approved type and supported by a structure with a cross-section that does not exceed one half of the cross section of the bottom of the mail box. Alternate designs require ASCC approval. Entryway features that require a building permit are subject to approval by the ASCC. Entryway features that are remodeled, or are rebuilt following removal or damage to fifty percent or more of the value of the feature, must conform to the requirements for new entryway features. (Ord, 2001-338 § 1 (part), 2001) 18.42.018 - Outdoor lighting. 490.1 Outdoor lighting is subject to the following limitations: 0 B. C. D. Up -fighting of landscaping or structures is prohibited and any fixtures illuminating landscapingi- trees or structures shall be subject to ASCC approval. Lighting of entryway features, including pillars and posts, are only permitted subject to prior approval by the ASCC. Lights may not be placed in trees except as permitted in D., below. Temporary holiday lights may be placed in trees and other locations on properties without requiring prior approval by the ASCC. (Ord. 2001-338 § 2 (patt), 2001) 18.42.020 -Additional requirements. A. In R districts, no' building shall be located closer to the nearest part of a main building than ten feet. IC $RAMN structures used for the housing of livestock shall conform with the additional requirements of other ordinances of the town regulating structures for livestock. (Ord. 1967-80 § 1 (6207.2), 1967) 18.42.030 - Exceptions to requirements=Ornament,al garden structures.CP- Ornamental garden structures which do not exceed twelve feet in height may occupy required yard areas provided that, in case of structures exceeding four feet in height, the building coverage does not exceed five percent of the area of the required.front yard, ten percent of required side and rear yards, and that on corner lots such structures shall not exceed four feet in height if located within fifty feet of the intersected street lines. (Ord. 1967-80 § 1 (6207.3), 1967) 18.42.040 - Exceptions to requirements—Fences. Fences may be located within required yard areas subject to the following provisions. A. Fences in Residential, Mountainous -Residential (M -R) and Open -Area (O -A) zoning districts are subject to the provisions of Chapter 18.43 10 Fences in all zoning districts other than Residential, Mountainous -Residential (M -R) and Open -Area (O -A) zoning districts are subject to the following height limits for the fence and any appurtenances: 1 . 2. When located in any required front yard or required side yard abutting a street right-of-way, the -limit is four feet. When located in any required rear or interior side yard, the limit is six feet. (Ord. 2008-372 § 1, 20081- Ord. 2005-360 § 2_2005: Ord. 2001-338 § 3 (pad), 2001; Ord. 1988-242 § 2 (Exh. A) (part), 1988; Ord. 1967-80 § 1 (6207.4), 1967) 18.42.050 - Exceptions to requirements—Antennas designed to receive television or microwave signals transmitted from satellite or terrestrial stations. Antennas designed to receive television or microwave signals transmitted from satellite or terrestrial stations may be located in required side or rear yard areas; provided, that the location is found appropriate and approved by the architectural and site plan review requirements of Chapter 18.64. Further, the ASCC may approve a proposed side or rear yard location only if it makes the following findings: A. JZ C. 701 There is no reasonable alternative location on the site that conforms with required setbacks, is or can be screened so as to not be high visible from important viewing areas on nearby properties, and has at least equivalent access to necessary television or microwave signals; The siting will not adversely impact emergency access; The antenna location and structure, including design, height, color, etc., will not be highly visible from important viewing areas on nearby properties; If existing vegetation, relied upon for antenna screening, is removed, the antenna will not become highly visible from important viewing areas on nearby properties. (Ord. 1995-282 § I Exh. A (patt), 1995) Saratoga 15-80.030 - Special. rules for accessory uses and structures in residential d istri cts. The following special rules shall apply to certain accessory uses and structures in any A, R-1, HR, R -OS or R -M district: (c) (a) (b) Stables and corrals. Subject to approval by the Community Development Director, no stable or corral, whether private or community, shall be located closer than fi fly feet from any property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the site. In the HR district, no stable or corral shall b e located closer than fifty feet from any stream and the natural grade of a corral shall not exceed an average slope of fifte en percent. Swimming pools. Subject to approval by the Community Development Director, no swimming pool or accessory mechanical equipment shall be located in a required front, side or rear setback area, except as follows: (2) A swimming pool and accessory mechanical equipment may be located within a required rear setback area, but the water line of the swimming pool may be no closer than s ix feet from any property line. Any portion of such swimming pool that is located outside of the rear setback area shall comply with the side setback area requirements for the site. If the required minimum side setback area is more than ten feet, accessory mechanical equipment may be located within such side setback area, but no closer than ten feet from the side lot line. Recreational courts. Subject to approval by the Community Development Director, recreational courts may be allowed, provided that such recreational courts shall comply with all of the following restrictions, standards and requirements: The recreational court shall not exceed seven thousand two hundred square feet in area. (2) The recreational court shall not be illuminated by exterior lighting. (3) (4) (5) (6) (7) (8) (9) (d) No direct opaque screening shall be utilized around any portion of the recreational court. No fencing for a recreational court shall exceed ten feet in height. No recreational court shall be located in a required front or side setback area. Such courts may be located within a required rear setback area, but no closer than fifteen feet from any property line. The natural grade of the area to be covered by the recreational court shall not exceed an average slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this Chapter. The recreational court shall be landscaped, in accordance with a landscape plan approved by the Community . D . eve I lopment D . irec . tor, so as to crea . te a com , Olete' landscaping buffer from adjoining properties within two years from installation. In addition, a bond, letter of credit or other security, in such amount as determined by the Community Development Director, shall be furnished to the City to guaranty the installation of the landscaping improvements- in accordance with the approved landscaping plan. The recreational court shall be designed and located to minimize adverse impacts upon trees, natural vegetation and topographical features and to avoid damage as a result of drainage, erosion or earth movement. The recreational court shall be designed to preserve the open space qualities of hillsides, creeks, public paths, trails and rights-of-way on or in the vicinity of the site. Enclosed accessory structures. No- enclosed accessory structures shall be located in any required setback area of any lot, except as follows: (1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55, cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be located no c loser than six feet from a side property line and rear property line of the rear setback area and shall not exceed eight feet in height, plus one additional foot in height for each three feet of setback from the rear property line in excess of six feet, up to a maximum height of ten (f) (2) feet if the structure is still located within the required rear setback . . area. Subject to approval by the Community Development Director, garden sheds, structures for housing swimming pool equipment and other enclosed structures of a similar nature, not exceeding two hundred fifty square feet in floor area, may be located no closer than six feet from a side property line and rear. property line of the rear setback area and shall not exceed six feet in height, plus one additional foot in height for each additional foot of setback from the rear property line in excess of six feet, up to a maximum height o f ten feet if the structure is still located within the required rear setback area. This subsection shall not apply to any structure intended or used for the keeping of animals. (e) Unendlosed,garden structures. Subject to..approval by the Community Development Director, unenclosed garden, ornamental and decorative structures such as gazebos, latticework, arbors and fountains, freestanding fireplaces and play structures may.be located no closer than six feet from a side or rear property line and shall not exceed eight feet in height, plus one *additional foot in height for each additional foot of setback from the side and rear property line in excess of six feet, up to a maximum height of ten feet if the structure is -still located within a required side or rear setback area. Solar panels. Solar energy systems do not require any discretionary approval unless the Building Official has a good faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety, in which case a solar energy system use permit is required. Applications for such permits shall be acted upon by the Community Development Director in accordance with California Health and Safety Code 17059.1. (g) Outdoor cooking devices. Subject to approval by the Community Development Director, permanent outdoor cooking devices, such as those constructed out of brick or masonry, may be located no closer than six feet from the rear property line and shall not exceed eight feet in height. (h) Accessory structures in R -M district. Notwithstanding any other provisions of this Section and subject to approval by the Community Development Director, accessory structures not exceeding fourteen feet in height may be' located in a required rear setback area in any R -M district, provided that not 0) (k) more than fifteen percent of the rear setback area shall be covered.by structures, and provided further, that on a reversed corner lot, an accessory structure shall not be located closer to the rear property line than the required side setback area on the abutting lot and not closer to the exterior side property line than the required front setback area of the abutting lot. Referral to Planning Commissiom. With respect to any accessory structure requiring approval by the Community Development Director, as described in subsections (a) through (h) of this Section, the Director may refer the matter to the Planning Commission for action thereon whenever the Director deems such referral to be necessary or appropriate. Exceptions to standards. The Planning Commission shall have authority to grant exceptions to any of the regulations set forth in subsections (a) through (h) of this Section pertaining to the size, height or required setback of an accessory structure in a side or rear setback area, through the granting of a use -permit for such accessory structure pursuant to Article 15-55 of this Chapter. The Planning Commission's authority shall.not be subject to any quantified limitations contained in subsections (a) through (6), except subsection (d)(1) which already establishes quantified limitations on a use permit issued by the Planning Commission. The Planning Commission's authority shall not extend toallowing an accessory, structure in a setback area where it is not expressly allowed under subsections (a) through (h). Emergency or stand-by generators. No emergency or stand-by generator shall be allowed between the lot line and any required front, side or rear setback area setback line. All emergency or stand-by generators shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning noise. Outside a required front, side, or rear setback area, an emergency or stand-by generator maybe permitted upon the granting of a conditional use permit from the Planning Commission. Any application for such a permit must be accompanied with information from the manufacturer documenting the noise generation characte ristics of the generator. A noise assessment study shall be prepared by a qualified acoustical consultant for all proposed generators. The noise assessment study shall confirm the generator meets all applica ble requirements of the City Code including Article 7-30 concerning noise. This restriction shall not apply to generators for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal of nonconforming generators may be required as 6 condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the main dwelling, as described in Article 15-45 Heating, ventilation and air conditioning (HVAC) mechanical equipment. No HVAC mechanical equipment shall be allowed between the lot line and - any required front, side or rear setback line. HVAC mechanical equipment shall be required to meet all applicable requirements of the City Code including Article 7-30. concerning noise. This restriction shall not apply to HVAC equipment for which the owner provides evidence of installation prior to July 1, 2004, provided however, that removal of nonconforming HVAC equipment may be required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the main dwelling, as described in Article 15-45 (Amended by: Ord. 71.86, 1990, Ord. 71.98 § 13(a), 1991; Ord. 71.113 (part), 1992; Ord. 71-183 § 1, 1998.- Ord. 231 § 2, 2004; Ord. 245 § 2 (Att A) (paft), 2006, Ord. No. 263. § l(Att, A), 2-18-2009; Ord. No. 272, § 2(exh. A), 9-16-2009: Ord. No. 284, § I (Att. A)j 5-18-2011; Ord. No� 294, § I.A. 7., 9-5-2012) ATTACHMENT 3 Planning Commission study of the LAH 30- Setback Code June 6, 2013 at 7:00 pm in the Council Chambers Situation: Los Altos Hills has a 301 setback code, which has routinely been ignored because it is viewed as being overly restrictive. The Planning Department currently enforces compliance only if a complaint is filed. This policy is not supported by the code. What needs to be done? The code needs to be revised to be consistent with the practices and preferences of town residents. A request for suggested revisions by the Planning Commission has.been issued by the Mayor. one suggestion: ---The -re-quirements--of -Section- -10 - 1 -.-.5 US - unobtrusive structures to -be placed in the setback area. - Small should be defined by maximum allowed dimensions. - Unobtrusive should be defined with Sections 10-2.102 and 10-2.701 as a '15' '--'Additional words may be Aded to asis. a sharpen this definition.. Commen L: Thi s_ ­s imp -1 e moal'�*ic&t�ik-'onwoul'd'&'!I-o;� main�,­structures considered Viblations.''With this modification, the Planning Department would be able to judge apparent code violations based on sensible consideration's rather than on the existence of a single complaint. 8incerely, Paul Jensen, LAH150S@att'.net PS. The code sections noted above may be viewed on line at: http:/'/www�.los�Lltoshills.-ca.gov/`documents-forms/browse/cat view/73-municipal-code Click on the view tab, - then select search and enter the desired Section number in the search -list. Then click on Run Search.